KEMPAIAH Vs. MUNINANJAMMA

JUDGEMENT

(1.) THIS appeal is filed by the defendant No. 1(a) in the suit OS No. 2191/1989 on the file of the XV Addl. City Civil & Sessions Judge, Bangalore filed by the predecessor of the Respondents 1 & 2 for declaration of ownership, possession and for payment of arrears of rent. The court below by the judgment and decree dated 22.04.2009 has decreed the suit.

(2.) FOR the sake of convenience, the parties would be referred to as per their ranking in the court below.

(3.) IT is stated, in 1959, the defendants 1 and 2, approached the plaintiff and requested her to permit them to stay there by putting up two temporary huts and offered to pay a ground rent of Rs. 15/ - each. Accordingly, the plaintiff permitted the defendants 1 and 2 to put up the huts measuring 12' x 10' each and stay there on a monthly ground rent of Rs. 15/ - each. Since then, the defendants are living in the said huts and they are irregular in payment of ground rents.